State Moves Confiscated Toxic Paint

About 700 cans of toxic marine paint were removed from a state warehouse in Newport News Monday, but authorities said they have no firm plans for disposal.

The boat paint, which contains the toxic compound tributyltin, or TBT, had been confiscated by the Virginia Marine Resources Commission from 33 paint wholesalers, retailers and marinas since November. Two truck loads of the paint were taken to another storage site at the state's Division of Consolidated Laboratories in Richmond Monday.

The paints have been banned for use by all pleasure boaters, and many commercial boat yards, for more than a year because of its effects on marine life. Spokesmen for an environmental group and a company that specializes in disposal of toxic chemicals say state officials might face costly problems in getting rid of the paints.

Though state law allows owners of the paint to be charged with misdemeanors and fined, that has not been done. "All of these were first offenders," said Robert Markland, VMRC Chief Enforcement Officer. "Second offenses will be cited."

No plans have been made to get rid of the stockpile, said James Stewart, acting director of the state Department of Agriculture and Consumer Services' division of products and industry regulation. Inspectors for the department escorted the paints to Richmond Monday.

"We're putting it in our inventory until we can decide how to dispose of it," Stewart said. "I don't know when that decision will be made."

Stewart said the state might have to hire a disposal company certified by the federal Environmental Protection Agency to get rid of the paint.

"Unfortunately, the Department of Agriculture may have to pay a contractor to take if off their hands," said Albert Tiedemann, director of the Division of Consolidated Laboratories, who is familiar with the disposal problem.

An employee of a local disposal company that is certified by the EPA said the state might have to put the paint in a special hazardous waste landfill.

"The only thing I can think of is taking it to a hazardous waste landfill. . . .the closest one is in South Carolina."

David S. Bailey, Virginia director for the Environmental Defense Fund, said the problem of paying to get rid of the paint stems partly from the Commonwealth's slow enforcement of a ban on most TBT paint, which took effect on September 1987.

If the state had acted more quickly, paint manufacturers might have taken the paint back, he said.

A federal ban on TBT paint took effect December 16, making it unlikely that any companies will refund the price of the paint.

"I don`t know if the state has any way to charge the companies that owned the paint," Bailey said, "but they may have to pay a big chunk of money to get rid of it."

During November and December, VMRC officials confiscated 152 gallons, 187 quarts, three pints and 628 spray cans of the illegal paint from 25 area wholesalers, retailers and marinas, according to VMRC records.

Since then, another 71 cans of undetermined volume, three quarts, 16 spray cans, three bottles and two partially full cans have been found at another eight marinas and stores, VMRC records said.

Commercial boat yards are still permitted to use TBT paint with low chemical release rates, but only on boats with aluminium hulls or on vessels longer than 82 feet.

The possession, sale or use of most TBT paints in Virginia carries a maximium penalty of $1,000 or 12 months in jail.

Lester Milholen, supervisor of VMRC's operations station, said the Department of Agriculture carted off two-thirds of the illegal paint stored by VMRC.

The remainder of the paint will remain in the VMRC warehouse until legal proceedings authorizing the state to seize the paint are completed, he said.

According to VMRC records, the businesses recently found with TBT paint include:

* P. Bee's Sports, Orange County, one can.

* Stafford Marine of Virginia, Stafford, 40 cans.

* McGeorge RV & Marine Center, Richmond, 18 cans.

* Zimmerman Marine, in Mathews County, two partial cans, two spray cans.